Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 3-7-1963. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 95.
Subdivision of land — See Ch. 166.
Zoning — See Ch. 199.
A. 
Pursuant to the provisions of §§ 271 and 272 of Article 16 of the Town Law of the State of New York,[1] as amended, a Planning Board of seven members is hereby appointed for the Town of Mamakating, Sullivan County, New York.
[1]
Editor's Note: Section 272 of the Town Law was repealed by L. 1992, c. 663.
B. 
The following named persons[2] are appointed to serve as members of such Planning Board for the following terms: one year, two years, three years, four years, five years, six years and seven years. All subsequent appointments shall be for terms of seven years.
[2]
Editor's Note: The names of the original members appointed are on file in the Town Clerk's office.
[Amended 6-17-2014 by L.L. No. 6-2014[1]]
A. 
The aforementioned Planning Board shall be empowered to and have all the duties and authorizations as set forth in Article 16 of the Town Law of the State of New York, which shall specifically include, but not be limited to, the following:
(1) 
The authority to prepare, review or participate in the preparation and/or review of the Town's Comprehensive Plan;
(2) 
The review and approval, approval with modifications or disapproval of site plans prepared to specifications set forth in the Town of Mamakating Zoning Code[2] and New York State law;
[2]
Editor's Note: See Ch. 199, Zoning.
(3) 
The review and approval, approval with conditions or disapproval of special use permits pursuant to standards set forth in the Town of Mamakating Zoning Code and New York State Law;
(4) 
The review and approval, approval with conditions or disapproval of preliminary and final subdivision plats as set forth below;
(5) 
Any other such powers as set forth in Article 16 of the state Town Law or the Town Code;
(6) 
All powers, authority and responsibility of the former Village of Bloomingburg Planning Board as set forth in an intermunicipal agreement, as may be amended, between the Town of Mamakating and the Village of Bloomingburg, including, but not limited to, the following:
(a) 
The authority to prepare, review and/or assist in the preparation of review of a Comprehensive Plan for the Village of Bloomingburg;
(b) 
The review and approval, approval with modifications or disapproval of site plans prepared to specifications set forth in the Village of Bloomingburg Zoning Code;
(c) 
The review and approval, approval with conditions or disapproval of special use permits pursuant to standards set forth in the Village of Bloomingburg Zoning Code and New York State Law; and
(d) 
The power to review and approve, approve with conditions or disapprove preliminary and final subdivision plans pursuant to the Village of Bloomingburg Subdivision Regulations.
B. 
The Town of Mamakating Planning Board shall also have the authority to make maps, reports and recommendations in connection with any of the responsibilities set forth herein or otherwise relating to the planning and development of the Town as it deems desirable and to report on all matters referred to it by the Town Board or Village of Bloomingburg Board of Trustees and shall have the authority to employ experts and to pay for their services and such expenses as may be necessary, provided the total expenditures of the Planning Board do not exceed the appropriation for its expenses.
[1]
Editor’s Note: Section 2 of this local law provided as follows: "This local law is intended to and shall supersede any inconsistent provisions of Article 16, including but not limited to §§ 271 through 283, of the state Town Law."
A. 
Pursuant to the provisions of §§ 276 and 277, as amended, of the Town Law of the State of New York, said Planning Board shall be empowered to approve preliminary and final plats in the Town of Mamakating, Sullivan County, New York, showing lots, blocks or sites, with or without new streets or highways, and to pass and approve such plats already filed in the office of the County Clerk if such plats are entirely or partially undeveloped.
[Amended 10-4-1990 by L.L. No. 7-1990]
B. 
The Clerk of the Town of Mamakating, Sullivan County, New York, shall be directed to forthwith file with the Clerk of the County of Sullivan a certificate showing that the Town Board of the Town of Mamakating, Sullivan County, New York, has authorized its Planning Board to approve plats pursuant to § 276 of the Town Law of the State of New York, and said Clerk shall write to the County Clerk of Sullivan County and request that, pursuant to § 278 of the Town Law of the State of New York, such Clerk refuse to file or record in his office any plat unless it has the approval of the Planning Board of the Town of Mamakating, Sullivan County, New York.
Pursuant to § 266, as amended, of the Town Law of the State of New York, said Planning Board shall be empowered to be the Zoning Commission of the Town of Mamakating, Sullivan County, New York, and, for the purpose of promoting the health, safety, morals and general welfare, shall recommend to the Town Board such zoning regulations and districts as are necessary to accomplish such purposes.
[Added 9-21-2004 by L.L. No. 1-2004]
A. 
Short title and applicability. This section shall be known as the "Alternate Planning Board Members Act." This section shall apply to the appointment, term, functions and powers of alternate members appointed to serve on the Planning Board in the Town of Mamakating.
B. 
Declaration of policy. It is sometimes difficult to maintain a quorum of the Planning Board because members are ill, on extended vacation or find they have a conflict of interest situation on a specific matter before such Board. In such instances, official business cannot be conducted, which may delay or impede adherence to required timelines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board to serve on the Town of Mamakating Planning Board when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town of Mamakating Planning Board pursuant to provisions of the local law or ordinance which first established such Planning Board.
PLANNING BOARD
The Planning Board of the Town of Mamakating as established by the Town of Mamakating by local law, pursuant to the provisions of § 271 of the Town Law.
D. 
Authorization/effect.
(1) 
The Town Board of the Town of Mamakating hereby enacts this section to provide a process for appointing two alternate members (Alternate A and Alternate B).
(2) 
Alternate members of the Planning Board shall be appointed by the Town Board of the Town of Mamakating for terms of two years, which terms shall expire on December 31 of the second year after the date of their appointment.
(3) 
The Chairperson of the Planning Board shall designate an alternate to substitute for a member when such member is unable to participate in an application or matter before the Board. The Chairperson shall alternate the assignment of the alternate members so that each serves in such capacity with Alternate A serving on the first occasion that a substitute member for the Planning Board is required. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
(4) 
All provisions of state law relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
E. 
Supersession of Town Law. This section is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law and § 10 of the Statute of Local Governments. It is the intent of the Town Board of the Town of Mamakating, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 271 of the Town Law relating to appointment of members of the Town of Mamakating Planning Board.